PARAMJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of the petition filed by the petitionerParamjit Singh under Section 482 Cr.P.C. for quashing of FIR No.126 dated 25.12.2015, under Section 420 of Indian Penal Code, registered at Police Station Chamkaur Sahib, District Rup Nagar.

(2.) Facts of the case are that Satya Devi wife of Joginder Singh made a complaint to the police that her husband Joginder Singh has sold the land measuring 8 marla and 8 sarsahi situated at Village Chamkaur Sahib on 14.08.2015 for sale consideration of Rs.6,67,000/- to the present petitionerParamjit Singh. The present petitioner-Paramjit Singh has paid only Rs.30,000/- to her husband and has refused to pay the balance sale consideration. The complainant further submitted that her husband is habitual of taking intoxicant. She further prayed to the police that vendee Paramjit Singh be called and her balance amount be got recovered. On the basis of this, enquiry was got conducted and the case under Section 420 IPC was registered.

(3.) Petitioner claims that it is a misuse of process of Court. No criminal case is made out. Rather complainant has been cheated and in place of the land shown to him, land of grave yard was sold to him. He had filed Civil Suit No.CS/765/2015 on 20.09.2015 for permanent injunction against respondents No.2 & 3 namely Satya Devi and Joginder Singh, in which, status quo regarding alienation has been issued.